If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

The California Air Resources Board (CARB or ARB) sent Burger Tuning a letter informing the company that they believe BMS is in violation of two California vehicle code sections dealing with anything that modifies a vehicle's emission control system. This includes downpipes, intakes, tuning boxes, exhaust systems, etc. CARB ordered an immediate cease and desist of sales and also requested three years of sales records including receipts and invoices.

Whether BMS intends to comply with the records request is not known at this time but what that means for you if you live in California and bought BMS parts is that CARB could potentially acquire a list of names and addresses of people who own vehicles they know are likely in violation of California vehicle codes. What it means for BMS is a big problem regarding sales in California as CARB states BMS needs to apply for an exemption to allow sales even if parts are for off-road use.

Why Burger Motorsports LLC is being targeted by CARB is unknown. We all know that as of right now hundreds if not thousands of companies are selling intakes, exhaust system, turbos, superchargers, etc., in California. BMS is being singled out here and it is quite possible a competitor made sure to point CARB toward BMS.

California is the only state with a regulatory agency like CARB. The reason for this is because the agency existed before the federal Clean Air Act which is governed by the federal Environmental Protection Agency (EPA). One could argue that CARB is superfluous and that it is too much government control but the agency exists and wields strong authority giving California the most stringent emissions regulations in the nation.

CARB essentially has the power to destroy an aftermarket performance automotive company's business in California. Considering California is the largest car market in the nation, that is about as big of a blow that can be levied. BMS is complying with CARB's request and halting sales of parts in California as the company explores its options. Terry Burger informed BimmerBoost he intends to make the off-road use warnings on BMS products more prominent.

What this means for you, the enthusiast, is that the days of being able to modify your car are slowly coming to an end as CARB and the EPA clamp down. Even though we are in the golden age of horsepower and performance cars are becoming tuner dreams with turbo and supercharged cars coming from practically every manufacturer now you will have government agencies crack down and put an end to the fun as well as an end tremendous revenue and countless jobs. They do not want you modifying your car, period, and this is a gradual move in that direction. They also appear to be gearing up for going after people individually or why else request years of receipts, invoices, and transactions that would serve as implication?

This unfortunately affects every one of us. Why BMS was targeted is unknown but what is known is that CARB has practically unlimited resources and can fine you into oblivion until you play the game the way they tell you to play it. Free market and free country? That it is not.

Back in 2006 I tried passing emissions in Connecticut with an RSX with catless downpipes. I failed the first time and so I put the stock exhaust back on and passed the second time.

Then a month later someone from the DMV called and said they found something suspicious with the ECU when looking at the OBD2 data (I had a kpro chip installed). He ended up coming to my parents house where I lived to inspect the car but couldn't connect to the OBD2 port. My memory is hazy and I was a dumb teenager so I don't remember how the situation was fixed but I always thought that was ridiculous.

These days I run with the stock exhaust because I'm too old to deal with this crap.

Back in 2006 I tried passing emissions in Connecticut with an RSX with catless downpipes. I failed the first time and so I put the stock exhaust back on and passed the second time.

Then a month later someone from the DMV called and said they found something suspicious with the ECU when looking at the OBD2 data (I had a kpro chip installed). He ended up coming to my parents house where I lived to inspect the car but couldn't connect to the OBD2 port. My memory is hazy and I was a dumb teenager so I don't remember how the situation was fixed but I always thought that was ridiculous.

These days I run with the stock exhaust because I'm too old to deal with this crap.

Feck, we will end up like my birthlnd where I ran a few businesses and had governemnt interefernce in one on a weekly basis... they won though because I left Australia and moved to the USA